General terms and conditions of sale
Pursuant to the Tourist Code, brochures and travel contracts used by our organization include the general conditions of Articles R221-5 to R211-13 of the Tourist Code, relating to the planning and and sale of holiday stays..
Subject to the exclusions provided for in the second paragraph (a and b) of Article L211-7, any offer and sale of travel or holiday services shall give rise to the submission of appropriate documents that comply with the rules defined in this Section. In the event of the sale of air transport tickets or tickets for scheduled services without services related to such transport, the seller issues to the buyer one or more tickets for the entire journey issued by the carrier or under its responsibility. In the case of on-demand transport, the name and address of the carrier on behalf of whom the tickets are issued must be stated. Separate invoicing of the various components of the same package does not exempt the seller from the obligations under this section.
Prior to the conclusion of a written contract, with its trade name, address and administrative authorization, the seller shall provide the consumer with information on prices, dates and other components of the services provided for traveling or for the stay, such as:
1. The destination, means, characteristics and transport classes used;
2. The type of accommodation, its location, its comfort level and its main characteristics, its tourist approval and classification in accordance with the regulations or customs of the host country;
3. Meals provided;
4. Description of the itinerary in the case of a tour;
5. Administrative and health formalities to be completed, especially when crossing borders, and the time limits for their completion;
6. The visits, excursions and other services included in the package or optional for an extra fee;
7. The minimum or maximum size of the group taking part in the journey or in the stay must be agreed and set at least 21 days before departure;
8. The amount or percentage of the price to be paid as a down payment upon the contract signature and the payment schedule for the balance;
9. Price revision procedures as provided for in the Contract pursuant to Article R211-10;
- Contractual cancellation conditions;
11. Cancellation conditions defined in Articles R211-11, R211-12 and R211-13 hereafter;
12. The details of the risks covered, and the amount of cover taken out under the insurance contract covering the consequences of professional civil liability of travel agencies and the civil liability of non-profit-making associations, organizations and local tourist bodies;
13. The information regarding the optional subscription of an insurance contract covering the consequences of certain cancellation cases or an assistance contract covering certain specific risks, repatriation costs for accident or illness.
The prior information given to the consumer commits the seller, unless the seller expressly reserves the right to modify some of its elements.
The seller must, in this case, clearly indicate where this change can take place and which elements are concerned.
In any event, changes to the prior information must be notified to the consumer before the conclusion of the contract in writing.
The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate - one copy is given to the buyer - and signed by both parties. It must include the following clauses:
1. The name and address of the seller, his guarantor and his insurer as well as the name and address of theorganizer;
2. The destination or travel destinations and, in the case of a split stay, the different periods and their respective dates;
3. The means, characteristics and categories of transport used, the dates, times and places of departure and return;
4. The type of accommodation, its location, its level of comfort and its main characteristics, its tourist classification under the regulations or customs of the host country;
5. The catering services offered;
6. The itinerary if it is a tour;
7. The visits, excursions or other services included in the total price of the trip;
8. The total price of the services invoiced as well as the details of any possible revision of this invoicing pursuant to the provisions of Article R211-8 below;
9. An indication, where appropriate, of the charges or taxes relating to certain services such as landing, disembarkation or embarkation taxes in ports and airports, tourist taxes when they are not included in the price of the service or services provided;
10. The schedule and terms of payment of the price; in any case, the last payment made by the buyer cannot be less than 30% of the price of the trip or stay and must be made when the documents allowing the trip or stay are handed over;
11. The special conditions requested by the buyer and accepted by the seller;
12. The terms and conditions under which the buyer may submit a complaint to the seller for non-performance or poor performance of the contract, which complaint must be sent as soon as possible by registered letter with acknowledgement of receipt to the seller, and notified in writing, if necessary, to the tour operator and the service providers concerned;
13. The deadline for informing the purchaser in the event of cancellation of the trip or stay by the vendor, if the completion of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7) of article R211-4;
- Contractual cancellation conditions;
15. The cancellation conditions provided for in Articles R211-9, R211-10 and R211-11;
16. Details of the risks covered, and the coverage amount of the insurance contract covering the seller's professional civil liability;
17. Information on an insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer), as well as information on assistance contracts covering specific risks, in particular repatriation costs in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the covered risks and the excluded risks ;
18. The deadline for notifying the seller in case of assignment of the contract by the buyer;
19. An undertaking to provide the buyer with the following information at least ten days before the departure date:
a. The name, address and telephone number of the seller's local representative or, failing that, the names, addresses and telephone numbers of local organizations likely to help the consumer in the event of difficulties or, failing that, the telephone number for urgent contact with the seller;
b. In the case of travel and stays abroad by underage children, a telephone number and address to contact directly the child or the person in charge at the location of the child's stay.
20. The cancellation and reimbursement conditions without penalty of sums paid by the buyer in the event of non-compliance with the information obligation provided for in Article R211-4, §13;
21. The commitment to provide in due time the purchaser, before the start of the trip or stay, with the departure and arrival times.
The purchaser can assign his contract to an assignee who fulfils the same conditions as him to carry out the trip or stay, as long as this contract has not produced any effect.
Unless a more favorable stipulation is made to the assignor, the latter is required to inform the seller of his decision by registered letter with acknowledgment of receipt no later than seven days before the start of the trip.
In the case of a cruise, this period is extended to fifteen days.
The transfer is not subject to any prior authorization from the seller.
If the contract expressly states that prices can be changed, within the limits provided for in Article L211-12, it must specify the methods for calculating price variations, up or down, especially transport costs and related taxes, currency exchange rates that may have an impact on the price of the journey or the stay, the part of the price impacted by the variations, the currency rate used as a reference for calculating the price when the price stated in the contract.
If the seller is forced to alter one of the key elements of the contract, such as a significant price increase, the buyer can, without prejudice to any claims for compensation for damages that may have been suffered, and after notification by the seller by registered letter with acknowledgement of receipt:
• cancel the contract and obtain an immediate refund of the sums paid without penalty;
• or accept the change or a replacement trip proposed by the seller; a rider to the contract specifying the changes made is then signed by the parties; any price reduction is deducted from any sums remaining due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the excess amount must be paid back to him before the departure date.
In the case provided for in article L211-14, if the seller cancels the trip or the stay, before the buyer's departure, he must inform the buyer by registered letter with acknowledgement of receipt; the buyer, without prejudice to any claim for compensation, shall obtain an immediate reimbursement of the sums paid without penalty; in hat case the buyer receives, a compensation equal at least to the penalty he would have paid if he had been responsible for the cancellation on the same date. The provisions of the article hereof do not exclude the conclusion of an amicable settlement with the buyer, for a replacement trip or stay proposed by the seller.
When, after the Buyer's departure, the Seller is unable to provide a major part of the services contracted for, and representing a significant percentage of the price paid by the buyer, the seller shall take immediately the following steps without prejudice to any claims for compensation:
• Offer new services in replacement of the services contracted for, possibly bearing any additional price and, if the services accepted by the buyer are of a lower quality, the Seller must reimburse the price difference as soon as the Buyer returns;
• Or, if he cannot offer any replacement services or if these are rejected by the buyer for valid reasons, he shall provide the buyer at no extra cost, with transport tickets to come back under equivalent conditions, to the place of departure or another place agreed by both parties.
• The buyer can no longer claim the benefit of the clause provided for in Article R211-6, clause 20, once the service has been provided.
These general terms and conditions of sale do not exempt the traveler from reading our special terms and conditions of sale.
Special terms of sale
Article 1: Legal provisions
Pursuant to the Tourist Code, Tourist Offices can book and sell all types of leisure and hospitality services of general interest, in their sales area. They make it easier for visitors by offering them a range of services. Under no circumstances can the FNOTSI and the Tourist Offices be held liable if these contracts are used by third parties or for purposes other than tourism.
Article 2: Liability
When the Tourist Office of the Longwy Region provides services to a visitor he is the only qualified contracting party of this client and is liable to him for executing the obligations arising from the present conditions of sale. The Tourist Office of the Longwy Region can’t be held liable for fortuitous events, force majeure situations or for any person that is not part of organization or the provision of the service.
Article 3: Booking
The sale of simple services or packages will be subject to a contract between the Tourist Office of the Longwy Region and the customer. The contract must specify: the description of the service and/or the product, its duration, its price, the date and the meeting place.
The booking is confirmed when a down payment of 30% of the price of the stay and a copy of the contract signed by the client have been returned to the booking department before the contract deadline.
Article 4: Payment of the balance
• 30 days before the arrival date: second down payment of 30% of the invoice amount.
• One week before arrival: confirmation of the room allocation and payment of the balance, i.e. 40%.
Clients who have not paid the balance on the agreed date are considered as having cancelled their stay. Therefore, no refund will be made.
Any overdue payment will be subject to interest charges equivalent to 3 times the legal interest rate for the current year, as well as a € 40 set amount for collection costs.
Article 5: Late booking
In case of booking less than 30 days before the beginning of the service, a full payment will be required upon booking.
Article 6: Voucher
When the invoice balance is settled, the Tourist Office of the Longwy Region will send the client a voucher that he will give to the service provider on arrival.
Article 7: Arrival date
The client must arrive on the day and time specified in the contract. In case of late or delayed arrival, or last minute impediment, the client must notify the service provider whose address and telephone number appear on the voucher or the instruction sheet.
The services not used due to this delay remain due and will not be refunded.
Article 8: Cancellation by the client
Any cancellation must be notified by registered letter to the Tourist Office of the Longwy Region. For a cancellation by the client, the refunded amount by the Tourist Office of the Longwy Region, with the exception of the booking fees (if paid at the time of the booking), will be as follows:
• Cancellation over 30 days before the beginning of the service: 10% of the amount of the service will be deducted.
• Cancellation between the 30th and the 21st day before the beginning of the service: 25% of the price of the stay will be deducted.
• Cancellation between the 20th and the 8th day before the beginning of the service: 50% of the price of the stay will be deducted.
• Cancellation between the 7th and the 2nd day before the beginning of the service: 75% of the price of the stay will be deducted.
• Cancellation less than 2 days before the start of the service: the full price of the stay will be invoiced.
If the client does not show up, no refund will be made.
Article 9: The client changes a substantial element of the contract
The contract covers a specific number of people. If the number changes, the Tourist Office reserves the right to amend or terminate the contract. The client can’t change the program of the stay without the agreement of the Tourist Office. All the services invoiced are based on the number of participants notified by the client. Any cancellation occurring at the latest 7 clear days before the date of the beginning of the service will be considered. After this period, no withdrawal will be considered. In case of changes more than 30 days before departure, a set fee of €8/file will be charged and less than 30 a set fee of €13 per file, subject to approval by the service provider concerned.
Article 10: Interruption of the service
In case of interruption of the service by the client, no refund will be made.
Article 11: Capacity
This contract covers a specific number of people. If the number exceeds the hospitality capacity foreseen for the service, the full amount of the service price is kept by the Tourist Office of the Longwy Region, the service provider can refuse additional clients, terminate the contract or ask for an additional payment.
Article 12: Insurance
The client is liable for all damages arising from his own acts. He is advised to take out a Civil liability insurance policy.
Article 13: Hotels
Prices include room and breakfast, room with half or full board. Unless otherwise stated, they do not include drinks with the meals. When a guest stays alone in a room for two, he/she will be charged a single room supplement.
Article 14: Other services
The conditions for other stays are sent by the Tourist Office of the Longwy Region with the quote and the description of the service. If the number of participants is too low, certain types of services can be cancelled. In that case, the Tourist Office of the Longwy Region will refund the full amount paid. This possibility cannot occur less than 21 days before the start of the service.
Article 15: Disputes
Any complaint relating to a service must be submitted to the Tourist Office of the Longwy Region by registered letter within three days of the start of the service. The Tourist Office of the Longwy Region has taken out a professional civil liability insurance with the GAN Insurance Company - D. Garofoli - Rond Central - PIA du PED - 54810 Longlaville - France
Special terms of sale Prices and price revision.
Economic fluctuations may lead to changes in prices and services, for which the Tourist Office of the Longwy Region can’t be held liable. However, the Tourist Office undertakes to inform the client in writing of these changes. The Prices in the brochure were released in December 2016 and are likely to change.
The Tourist Office of the Longwy Region can’t be held responsible for fortuitous events, force majeure situations, security issues or acts of any person that is not part of the organization and does not provide a service.